Special Investigations and Government Enforcement

Chadbourne’s special investigations and government enforcement practice is national and international in scope. It combines former federal prosecutors and corporate lawyers who have experience in a broad range of matters, including:

• Criminal investigations and defense at trial 
• Internal investigations 
• Corporate and non-corporate compliance programs 
• Investigations pursuant to the Foreign Corrupt Practices Act ("FCPA") and other anti-bribery and anti-corruption laws in the United States and overseas 
• Money Laundering and financial crimes 
• Federal agency (e.g., DOJ, SEC, IRS, FTC, OTS) cases
• Healthcare fraud case investigations 
• Inspector General investigations 
• State Attorney General investigations 
• Whistle Blower and Qui Tam suits 
• Parallel Proceedings

Our clients include companies, partnerships, charitable organizations, government officials and individuals (including corporate directors, officers and other professionals) involved in investigations and prosecutions conducted by federal, state or local governments or other regulatory agencies; have been designated or named as witnesses, subjects or targets in criminal investigations and prosecutions; or have been designated as witnesses by federal or state legislative committees.

Chadbourne attorneys have tried numerous white collar criminal and civil jury cases throughout the country. The criminal cases have involved charges of securities fraud, bank fraud, bankruptcy fraud, mail and wire fraud, public corruption, RICO, conspiracy and money laundering. Civil cases our attorneys have tried include claims of violations of the Sarbanes-Oxley Act of 2002, conspiracy, securities fraud, financial fraud, trading market abusive practices, insider trading, negligence, breach of fiduciary duties, and civil rights violations and employment discrimination. In addition, they have briefed and argued many federal and state court appeals.

We also work to avoid federal, state and local investigations and litigation by designing and implementing internal investigations and compliance programs for our clients. With our attorneys’ extensive knowledge of how cases are investigated, charged and defended in specific industries, we are ideally positioned to anticipate and respond to critical situations that face our business and individual clients.

Our special investigations and government enforcement attorneys have successfully guided corporate clients in designing and implementing compliance programs that meet the requirements of the U.S. Sentencing Guidelines for Organizational Defendants and that reflect the newest factors considered by the Criminal Division of the U.S. Department of Justice in determining whether to initiate criminal charges against corporate entities. We regularly advise clients in structuring and conducting internal corporate investigations, once SEC informal inquiries have been made, as well as compliance audits in keeping with Sarbanes-Oxley disclosure controls and certification procedures, all of which have enabled Firm clients to avoid criminal and regulatory exposure. In addition, our clients have substantially benefited from our expertise in government voluntary disclosure and amnesty programs.

Attorneys in the special investigations and government enforcement practice group draw on the experience of the Firm’s attorneys in various areas, including, securities litigation and regulatory enforcement, antitrust, commercial litigation and tax practices. For this reason, our attorneys are ideally situated to advise clients faced with parallel civil and criminal proceedings and investigations in which a business client’s issues raise regulatory, criminal, civil and public relations concerns all at the same time. The practice group has substantial experience in dealing with a broad array of federal, state and private investigative and regulatory authorities, including the Department of Justice, Federal Bureau of Investigation, Securities and Exchange Commission, National Association of Securities Dealers, Commodity Futures Trading Commission, Department of Health and Human Services – Office of the Inspector General, Internal Revenue Service, numerous Offices of Inspectors General, the General Accounting Office, District Attorneys and State Attorneys General and States or District Attorneys throughout the country, as well as state legislative bodies.

In addition, our attorneys pay particular attention to the collateral consequences of government investigations, advising clients in connection with civil forfeiture and penalty proceedings, and parallel civil litigation by private parties and class action plaintiffs, under federal and state laws, such as qui tam actions under the Federal False Claims Act or similar state laws, whistleblower lawsuits, employment issues, regulatory proceedings and debarment or exclusion proceedings in government contracting or in connection with continued participation in government reimbursement programs such as Medicaid or Medicare.

Finally, our lawyers understand a client’s goal of avoiding litigation when we can and winning cases that have to be fought. Our track record provides our clients with the means to convince adversaries often before the first pleading has to be filed. When an investigation or case involves publicity, our lawyers have unique experience understanding how to handle cases with legal, media and market impacts.

Foreign Corrupt Practices Act

Chadbourne attorneys have broad experience in representing clients facing issues arising under FCPA and other anti-bribery and anti-corruption laws. The Firm handles every aspect of matters involving FCPA and related laws, including:

• Due diligence, auditing sales agents and promulgating policies and training compliance materials 
• Establishing controls for handling interactions with governmental officials 
• Investigating potential violations 
• Representing clients in investigations and prosecutions by the Department of Justice and the Securities and Exchange Commission

The Firm has offices in and counsels clients throughout the world, and in particular, in three regions where our clients face special challenges: Latin America, Russia and the CIS and China. Our attorneys' language skills and network of befriended first-class firms in places where we do not have our own offices, allow us to represent our clients seamlessly in virtually any place.

We assist clients in understanding the elements of the FCPA and anti-bribery laws in various jurisdictions (including the OECD Convention, the UN Convention against Corruption, etc.) and recognizing the activities that will cause a company to fall under the jurisdictional reach of the FCPA and the enforcing authorities. Chadbourne's domestic and foreign offices provide a unique platform which enables its clients to call upon Chadbourne lawyers with a firm understanding of the FCPA and related laws with corresponding experience in the United States and overseas.

Representative Experience